Gujarat Co-operative Societies (Amendment) Act, 1997*
| [Gujarat Act No. 4 of 1997] | [26th February, 1997] |
An Act further to amend the Gujarat Co-operative Societies Act, 1961.
It is hereby enacted in the Forty-eighth Year of the Republic of India as follows:-
* (Received the assent of the Governor on 26th February, 1997 and published in the Gujarat Government Gazette, on the 27th February, 1997)
1. Short title, extent and commencement.- (1) This Act may be called the Gujarat Co-operative Societies (Amendment) Act, 1997.
(2) It shall be deemed to have come into force on the 7th August, 1996.
2. Amendment of section 99 of Guj. X of 1962.- In the Gujarat Co-operative Societies Act, 1961 (Guj. X of 1962) (hereinafter referred to as "the principal Act"), in section 99, after sub-section (3), the following new sub-sections shall be inserted, namely:-
"(4) Notwithstanding anything contained in sub-sections (1), (2) and (3), the following disputes or class of disputes, if the plaintiff so desires, shall be decided summarily by the Registrar, or his nominee or board of nominees, in such manner as may he prescribed, namely:-
(a) any disputes for recovery of debt upon promissory note hundi, bill of exchange or bond with or without interest wether agreed upon such instrument or under the bye-laws;
(b) any dispute for recovery of a fixed sum of money or in the nature of debt, with or without interest, arising on a written ???
(c) any dispute for recovery of price of goods sold and delivered, where the rate quality and quantity are admitted is writing;
(d) any dispute for recover of dues payable by a member of a hearing society towards contribution for construction of the house of any dispute in respect of repayment of any ??? interest on loan, ground rest, local authority taxes, sinking fund, water charges, electrical charges, maintenance and upkeep charges or charges for other services rendered by the society act the interest on such arrears, payable under the written agreement or under the bye-laws.
(5) (a) The defendant shall not be entitled to defend the dispute unless he obtains leave from the Registrar, his nominee or as the case may be, board of nominees, in such manner as may be prescribed.
(b) The Registrar, his nominee or board of nominees may grant the leave under clause (a) on such conditions, as he or it thinks fit.
(c) The Registrar, his nominee or board of nominees shall not refuse the leave to defend the dispute unless, he or it satisfies that the facts disclosed by the defendant do not indicate that he has substantial defence to raise or that the defence intended to be put up by him is frivolous or vexatious.
(d) Where the defendant fails to obtain such leave or fails to appear or defend the dispute in pursuance of such leave, the averments made in the plaint and documents produced therewith shall be deemed to have been admitted by the defendant:
Provided that the Registrar, his nominee or board of nominees in his or its discretion may require any feet so admitted to be proved otherwise than by such admission.
(e) Where the conditions on which leave to defend is granted are not complied with by the defendant, the Registrar, his nominee or, as the case may be, board of nominees may pass an award, against him, as if he has not been granted such leave.
(6) The Registrar, his nominee or; as the case may he, board of nominees may under special circumstance set aside the award passed by him or it and if necessary, stay or set aside the execution, and may grant leave to the defendant to appear and defend the disputes if it seems reasonable so to do, and on such terms as he or it thinks fit".
3. Repeal and savings.- (1) The Gujarat Co-operative Societies (Amendment) (Third) Ordnance, 1996 (Guj. Ord. 16 of 1996) is hereby repealed.
(2) Notwithstanding such repeal, any thing done or any action taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Act as amended by this Act.